Office of Public Sector Information

• “accessibility certificate” means a certificate issued under section 41(1)(a);

• “act” includes a deliberate omission;

• “the Agency” means the Labour Relations Agency;

• “approval certificate” means a certificate issued under section 42(4);

• “the Assembly” means the Northern Ireland Assembly;

• “benefits”, in Part II, has the meaning given in section 4(4);

• “the Department of Economic Development” means the Department of Economic Development in Northern Ireland;

• “the Department of the Environment” means the Department of the Environment for Northern Ireland;

• “the Department of Health and Social Services” means the Department of Health and Social Services for Northern Ireland;

• “employment” means, subject to any prescribed provision, employment under a contract of service or of apprenticeship or a contract personally to do work and related expressions are to be construed accordingly;

• “employment at an establishment in Northern Ireland” is to be construed in accordance with subsections (2) to (5);

• “enactment” means any statutory provision within the meaning of section 1(f) of the Interpretation Act (Northern Ireland) 1954;

• “government department” means a Northern Ireland department or a department of the Government of the United Kingdom;

• “Minister of the Crown” includes the Treasury;

• “Northern Ireland department” includes (except in sections 51 and 52) the head of a Northern Ireland department;

• “occupational pension scheme” has the same meaning as in the Pension Schemes (Northern Ireland) Act 1993;

• “premises”, includes land of any description;

• “prescribed” means prescribed by regulations;

• “profession” includes any vocation or occupation;

• “provider of services” has the meaning given in section 19(2)(b);

• “public service vehicle” and “regulated public service vehicle” have the meaning given in section 40;

• “PSV accessibility regulations” means regulations made under section 40(1);

• “rail vehicle” and “regulated rail vehicle” have the meaning given in section 46;

• “rail vehicle accessibility regulations” means regulations made under section 46(1);

• “regulations” means—

  (a)

  in Parts I and II of this Act, section 66, the definition of “employment” above and subsections (3) and (4) below, regulations made by the Department of Economic Development;

  (b)

  in Part V of this Act, regulations made by the Department of the Environment;

  (c)

  in any other provision of this Act, regulations made by the Department of Health and Social Services.

• “section 6 duty” means any duty imposed by or under section 6;

• “section 15 duty” means any duty imposed by or under section 15;

• “section 21 duty” means any duty imposed by or under section 21;

• “taxi” and “regulated taxi” have the meaning given in section 32;

• “taxi accessibility regulations” means regulations made under section 32(1);

• “trade” includes any business;

• “trade organisation” has the meaning given in section 13;

• “vehicle examiner” means an officer of the Department of the Environment authorised by that Department for the purposes of sections 41 and 42.”.

(2) In section 68(2) to (4) for “Great Britain” wherever it occurs substitute “Northern Ireland”.

48 (1) In section 70(3) for “Secretary of State” substitute “Department of Health and Social Services”.

(2) In section 70(8) for “the Secretary of State” substitute “a Northern Ireland department” and for “him” substitute “it”.

49 (1) In Schedule 1 in paragraph 7(1) for “Act 1944” substitute “Act (Northern Ireland) 1945”.

(2) In Schedule 1 in paragraph 7(7) for “1944” substitute “1945”.

50 (1) In Schedule 3 in paragraph 1—

(a) for “a conciliation officer” wherever it occurs substitute “the Agency”;

(b) in sub-paragraphs (1) and (4) for “he” substitute “it”;

(c) in sub-paragraph (3) for “the conciliation officer” substitute “the Agency”.

(2) In Schedule 3 for paragraph 4(1) substitute—

“(1) In any proceedings under section 8—

(a) a certificate signed by or on behalf of a Minister of the Crown or a Northern Ireland department and certifying that any conditions or requirements specified in the certificate were imposed by that Minister or that department (as the case may be) and were in operation at a time or throughout a time so specified; or

(b) a certificate signed by or on behalf of the Secretary of State and certifying that an act specified in the certificate was done for the purpose of safeguarding national security,

shall be conclusive evidence of the matters certified.”.

(3) In Schedule 3 in paragraph 6(1) omit “or a sheriff court”.

(4) In Schedule 3 for paragraph 8(1) substitute—

“(1) In any proceedings under section 25—

(a) a certificate signed by or on behalf of a Minister of the Crown or a Northern Ireland department and certifying that any conditions or requirements specified in the certificate were imposed by that Minister or that department (as the case may be) and were in operation at a time or throughout a time so specified; or

(b) a certificate signed by or on behalf of the Secretary of State and certifying that an act specified in the certificate was done for the purpose of safeguarding national security,

shall be conclusive evidence of the matters certified.”.

51 (1) In Schedule 4 in paragraphs 2(1) and (5) and 7(1) and (5) omit “or sisted”.

(2) In Schedule 4 in paragraph 4 for “Secretary of State” substitute “Department of Economic Development”.

(3) In Schedule 4 in paragraph 6(1) omit “or, in Scotland, to the sheriff”.

(4) In Schedule 4 omit paragraph 6(2).

(5) In Schedule 4 in paragraph 9 for “Secretary of State” substitute “Department of Health and Social Services”.

52 (1) In Schedule 5 in the heading for “National” substitute “Northern Ireland”.

(2) In Schedule 5 for “Secretary of State” wherever it occurs substitute “Department of Health and Social Services”.

(3) In Schedule 5 in paragraphs 3(6), 5(1), 6 and 8(2) for “he” substitute “it” and in paragraph 3(7) for “his” substitute “its”.

(4) In Schedule 5 in paragraphs 5(2) and 7(d) for “Treasury” substitute “Department of Finance and Personnel in Northern Ireland”.

(5) In Schedule 5 in paragraph 8(2) for “each House of Parliament” substitute “the Assembly”.

53 For Schedules 6 and 7 substitute—

“SCHEDULE 6 Consequential Amendments

The Industrial Relations (Northern Ireland) Order 1976 (NI 16)

1 In Article 68(6) of the Industrial Relations (Northern Ireland) Order 1976 (reinstatement or re-engagement of dismissed employees)—

(a) in the definition of “relevant complaint of dismissal”, omit “or” and at the end insert “or a complaint under section 8 of the Disability Discrimination Act 1995 arising out of a dismissal”;

(b) in the definition of “relevant conciliation powers”, omit “or” and at the end insert “or paragraph 1 of Schedule 3 to the Disability Discrimination Act 1995”;

(c) in the definition of “relevant compromise contract” for “or Article” substitute “Article” and at the end insert “or section 9(2) of the Disability Discrimination Act 1995”.

The Companies (Northern Ireland) Order 1986 (NI 6)

3 In paragraph 9 of Schedule 7 to the Companies (Northern Ireland) Order 1986 (disclosure in directors' report of company policy in relation to disabled persons) in the definition of “disabled person” in sub-paragraph (4)(b) for “Disabled Persons (Employment) Act (Northern Ireland) 1945” substitute “Disability Discrimination Act 1995”.

SCHEDULE 7 Repeals